What Happens in Court After a DUI Arrest? A Step-by-Step Guide
A DUI arrest is a serious event that can lead to significant legal consequences. If you’ve recently been arrested for driving under the influence or want to understand what happens next, it’s essential to know the legal process that follows. Here’s a step-by-step overview of what typically happens in court after a DUI arrest. There are also separate administrative DMV actions against your license besides the Court proceedings not covered here which require immediate attention to call and set a DMV Hearing within 10 days of your arrest in order to challenge the DMV administrative suspension.
1. The Arraignment
The first court appearance after a DUI arrest is the first hearing “arraignment”. This usually happens within a few days or weeks of the arrest. At this hearing:
- The charges against you are formally read.
- You are asked to enter a plea: guilty, not guilty, or no contest.
- The judge may address bail or release conditions.
- You may be assigned a public defender if you cannot afford an attorney.
It’s wise to consult with a DUI attorney before the arraignment, as the plea you enter can impact your case significantly. Usually a “Not Guilty” is entered by your attorney in order to get reports and review the evidence in order to negotiate a settlement at a future Court date. You still maintain the right to trial if a settlement cannot be negotiated.
2. Pre-Trial Proceedings
If you plead not guilty, your case proceeds to the pre-trial phase. This may include:
- Discovery: Your attorney receives evidence from the prosecution (e.g., police reports, breathalyzer results, body cam footage).
- Motions: Your lawyer may file motions to suppress evidence, dismiss the case, or challenge the legality of the stop or arrest.
- Negotiations: The prosecutor may offer a plea bargain, potentially reducing charges or penalties in exchange for a guilty or no-contest plea. Additionally, you can provide mitigation to help get the best resolution. This pre-trial hearing date can even be continued to allow more time to negotiate.
Most DUI cases are resolved during this phase without going to trial.
3. The DUI Trial (If It Goes That Far)
If no agreement is reached, you can have a trial. You have the right to a jury trial, but you may also choose a bench trial (where the judge decides the case).
At trial:
- Both sides present evidence and call witnesses.
- The prosecution must prove beyond a reasonable doubt that you were driving under the influence.
- Your attorney may challenge the reliability of tests, legality of the stop, or credibility of officers.
If you’re found not guilty, the case ends. If found guilty, the judge will schedule sentencing.
4. Sentencing
If convicted, sentencing can vary depending on factors like prior offenses, BAC level, and whether there was an accident or injury. If the case is settled through negotiations, you will know exactly what the terms of settlement are before you plead guilty. Penalties may include:
- Fines and court fees
- Jail time (especially for repeat offenses)
- Probation
- Alcohol education programs
- Driver’s license suspension or revocation
- Installation of an ignition interlock device
Judges often tailor sentences based on both the law and individual circumstances.
5. Post-Conviction Options
After sentencing, you may still have legal options:
- Appeal the conviction if there were legal errors in the process.
- Seek expungement (in some states) after completing probation or serving your sentence.
Final Thoughts
Navigating the court process after a DUI arrest can be daunting, but understanding each phase helps you prepare and make informed decisions. Whether you’re facing your first DUI or supporting someone who is, consulting a qualified attorney is crucial to protect your rights and pursue the best possible outcome.
